If you find yourself in a position where you are seeking a divorce, there are many things that need to be considered. One of the considerations for those who are going through a divorce is the division of any marital property. When the time comes for the divorce to happen, all of the marital assets need to be disclosed and a value needs to be put on them.
Depending upon the state where you live, there may be different regulations that would affect your ability to sell your house before you get a divorce. This may occur after one of the spouses files for a divorce, as a restraining order may be automatically put into place at that time. Any marital property, including the home, would not be able to be sold or transferred during that time. That isn’t the case in every state but it is an important consideration.
You might be surprised to learn that there may even be complications if you try to sell your home prior to the time that a divorce is filed. Some people may do this to reduce the amount of personal property that they are holding and therefore, to reduce the amount of marital property that would need to be split when the divorce is filed and completed. That is especially true if you decide to try to sell your home for a value that is much lower than fair market value.
In the end, it is always best to seek the advice of an attorney prior to making any important decisions before a divorce takes place. Regardless of whether it is selling off some of the marital property or going through the actual filing process, having the advice of a qualified attorney can go a long way in helping you to make the right choice.